Litigation Funding Blog

February 23, 2018

A Georgia woman, who sustained brain damage after a neck operation, won $26 million after a jury found the hospital 100 percent liable. The patient had been admitted for an elective procedure to her neck. The surgery was successful. However, three days later the woman was admitted to the ICU complaining of pain, neck swelling and the inability to swallow.

Six hours passed before the doctor treated the woman for a suspected hematoma, despite ICU protocol requiring a patient be treated within two hours. The delay in treatment left the woman blind, with other physical disabilities and with permanent brain damage, according to the lawsuit.

While waiting for the medical malpractice lawsuit to go to trial, the woman may have considered applying for a “lawsuit loan.” A “lawsuit loan,” or litigation funding, is used to maintain financial stability until the case is heard. A lawsuit loan, also referred to as pre-settlement funding, is emergency cash sent to a qualified plaintiff who is working with a lawyer.

Litigation Funding Corporation can help victims and family members deal with the sudden, unexpected financial problems that arise after a personal injury. Applying for litigation funding is user-friendly, easily done by phone or through an online application. Once approved, the lawsuit cash advance helps the plaintiff pay ongoing living expenses, medical bills, utilities, rent or mortgage while waiting for an attorney to assemble a court case.

Applying for pre-settlement funding is a valuable resource because banks do not typically loan money to personal injury victims. Additionally, any money borrowed from a bank is a loan that must be paid back. With a lawsuit loan there are no upfront fees, no monthly payments and repayment of the cash advance is only made when the case is won. If the client loses the case, repayment of the cash advance is completely waived.

Litigation funding is often the only option a victim may have to prevent them from taking a settlement offer too soon and for too little. When bills and expenses are covered, it is easier to fight for justice to be served.

February 9, 2018

A former Pennsylvania hospital staff member alleges operating room personnel took pictures of her nude while she lay on the operating table for hernia surgery. The patient filed a medical malpractice and invasion of privacy lawsuit.

According to the operating room staff, the pictures were taken as part of a running joke started by the plaintiff who had put fake intestines on her body before the operation. While the patient admits to partaking in the joke, she contends that she did not give permission for pictures to be taken during her surgery.

The explicit naked photos were shown to the patient and other hospital staff by one of the OR scrub nurses, who was subsequently fired. Court documents indicated that this misconduct had happened to other surgery patients in the past.

The lawsuit names the surgeon, the hospital and its chief executive officer as responsible for invasion of privacy and medical malpractice. The plaintiff also alleges medical negligence for using a cellphone during surgery. The state Health Department indicated the hospital was previously cited for violating policy on cellphone use in a sterile area due to the risk of introducing germs.

Filing a medical malpractice lawsuit is one way to obtain compensation for pain and suffering, lost wages and medical expenses. Legal action is also a way to hold medical professionals or institutions answerable for negligence. Waiting for the litigation process, however, may take years. If an injured plaintiff is struggling financially and unable to pay their bills, a “lawsuit loan” may be an option.

A “lawsuit loan,” also referred to as pre-settlement funding, is approved based solely on the merits of the lawsuit. The only requirement when applying is to ensure the plaintiff has attorney representation and provides required documents to assess the case.

The approved funds may be used in any way the plaintiff chooses. However, the lawsuit loan is usually used to pay pressing expenses, such as mortgage payments, rent, household obligations and medical bills. If the case is settled or proceeds to court and results in a win for the plaintiff, the pre-settlement funding is paid back from the proceeds of the settlement. If the case is lost, repayment of the litigation funding is completely waived.